Thread: Duncton No1 taking me to court

Hi All
Just after a bit of advice if possible.

In July 07 i ok out a Lease agreement via my own Ltd company but i acted as a personal Guarantor for a VW Toureg as well as putting down a £2500 deposit. With in 2 months i had problems with the car (water to passengers footwell) and asked for a replacement vehicle, of which i took delivery of a Mitsubishi in Oct 07 less premiums per month but no extra deposit. I signed a new lease but not a new Guarantee.

My business hit hard times in June 08 and i had been late paying the premium, However i had never Defaulted had no default notice served on me as far as i am aware and always paid their £25.00 late fee.

During this time my mother was diagnosed with Cancer and in Oct 08 again i couldn't pay the premium on the due date so i informed Duncton of this and said it would be paid 2 weeks late.

On sunday 25th Oct 08, 2 repo guys from EUROPOL, turned up demanding the car back, whilst they were nice enough i had no choice (my mother died the previous week and we buried her on the 26th!!).From memory there was no court order to repossess just a piece of paper from Duncton with my details. They gave me a piece of paper to say about the condition of the car when handing back.

Now ducton are chasing me for £8.5k, the remaining amount on the lease after depreciation of the vehicle has been taken into account i assume? They have taken me to court once but the details of the vehicle were the VW Toureg (which i sent back) and i submitted a defence to say that the details of the vehicle they were claiming against were incorrect as this car had been sent back.
Today i have received a allocation questionnaire from Duncton which they have submitted to the court with the correct car details on requesting a fast track claim although asking for a 1 month stay presumably to see if i contact them to offer full payment.

The company closed in May 09 and i have been out of work since..so i don't have this money available but could offer monthly payments.

Is there anything i can do to defend this claim or about the personal guarantee and i have paid the appro 11 months @ £492.00 +vat of a 47 month agreement plus £2500 deposit..

It seems wrong that i have paid the above, have lost the vehicle and now they want £8.500 off me and i'll have nothing to show for it...CAN THEY DO THAT???

Whilst i signed a new agreement i have never signed a new Garauntee...but they say it is a continuation guarantee and can be placed on any vehicle i lease off them.

Please help any advice greatly received

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Hi in wrexham..yes there is a CAB here so i'll try and see them